Civ Pro Flashcards
Max interrogatories
30
Court may not extend time for..
Belated directed verdict
New trial or rehearing
Sua ponte grant for new trial
Amendment of judgement
Relief from judgement
Notice of appeal
Petition for certiorari
Change of venue time to pay transfer fee
30 days. If not, dismissed without prejudice
Defense motions
Lack of SMJ
Lack of PJ
Improver venue
Insuff. Process
Insuff service of process
Failure to state cause of action
Failure to join indispensable party
Denial of defense motions
If court denies, 10 days to file responsive pleading
Defenses if not containing in pre answer motion may be waived
Lack of PJ
improper venue
Insufficiency of service of process
Answer
Deny/admit (if you don’t deny or fail to respond —admission)
Reply/answer
Filed within 20 days
Amendment of pleading
Once before answer is filled OR 20 days of service of the pleading
Cross claim
Raised in answer
Same transaction/occurrence OR property subject of suit
Counter claim
Compulsory: same transaction or occurrence (must be filed or you lose it)
Permissive: not same transaction or occurrence. (Can be filed at a later proceeding/if filed in the same case then 20 days to reply)
Intervention
Discretion of judge but anyone with interest may join the fight
Can join all the way up to the time jury deliberates
Impleader
20 days after service of an answer without leave of court. If wait to long, then have to make motion
Response to amended pleading
10 days
Counterclaim/crossclaim (timing)
In answer
Voluntary dismissal
Anytime before case goes to fact finder
Before trial: serve notice
During trial: state on record
Without prejudice unless dismissed before
Summary Judgement (timing)
Plaintiff
-20 days after action begins
- anytime after other side files MSJ
Defendant
- any time
MSJ served 20 days before hearing
Response
—mail atleast 5 days before hearing
—hand deliver 5 pm 2 days before hearing
Deposition
Wait 30 days after service of process or need court order UNLESS W leaving state and will be unavailable // Defendant has served discovery request (motion to perpetuate testimony)
Subpoena witnesses (except parties)
Videotape (notice)
Need court order:
— telephone
— person in prison
Depo before action
20 days notice before hearing (when depo before allowed time)
Production of docs without depo
10 day notice if delivered
15 if mailed
Party can object within 10 days of service
Interrogatories
Answered with 30 days. If served with original complaint then 45 days
Limited to 30
Class action
Numerosity, commonality, typicality and adequacy.
Best way to resolve controversy
Class action: notice
All members that can be indentified and located
Cannot be dismissed or settled without judicial approval after notice to all members.
Demand for Jury trial
Within 10 days of service of last pleading
Failure to demand = waived
— judge can still demand jury trial
— can grant w consent of the parties
Can’t withdraw without consent
Challenges for cause
Unlimited number
-Related
- interest in case
- formed or expressed opinion
- biased/preju
- served as juror within past year
- employed by party
— within 30 days before trial
Peremptory challenge
Each party gets 3
(If 2 Ps and 3 Ds— each side gets 9)
Use of Depo
Can use for any reason if W:
- dead
- adverse party
- expert
- outside of 100 miles
- out of state
- unable to attend due to age, illness, prison
- unable to be subpoenaed
Motion for directed verdict
At close of evidence (after one side finished presenting their evidence)(can do belated DV at the end of both sides present ev)
Can join w motion for a new trial
If denied, can present evidence
Motion for judgement in accordance with MDV(belated verdict)(JNOV)
— within 15 days after return of verdict OR
— within 15 days after jury discharged
Motion for costs and attorneys fees
Filed 30 days after
- judgement
- notice of voluntary dismissal
Motion for new trial or rehearing
Served 15 days after
- return of Jury verdict OR
- filing of judgement in bench trial
Grounds for relief of judgment
Within a year
-mistake
- fraud
- new ev not previously discoverable w due diligence
